A special half day mine safety workshop is scheduled for August 11th at the Embassy Suites in Charleston.  The workshop, beginning at 9 a.m. and concluding with a buffet lunch, is open to all WVCA members and will feature an up-to-date review of federal and state mine safety regulatory and enforcement programs.
 

Earlier the week the West Virginia Department of Environmental Protection received a clarification letter from the federal Environmental Protection Agency regarding the mining-related NPDES permits that the federal agency intends to review.  In the letter, EPA states that it will review state-issued NPDES permits for coal mining operations that are public noticed after August 10, 2009.  EPA will have 30 days to provide comments to WV DEP and the company regarding an NPDES permit following EPA’s receipt of the requested information.  A copy of EPA’s letter to WV DEP is available on request from jbostic@wvcoal.com.

In conjunction with the Bluefield Coal Show, there will be a Friends of Coal Golf Classic at the Fincastle Country Club in Bluefield, VA on September 15th.  Contributions will benefit The Wade Center.  The Wade Center exists to promote and nurture the growth of the children, teens and young adults of the Greater Bluefield community through practical programs and mentoring relationships.
 
For sponsorship and participation information contact Cathy Buzzo (cathybuzzo@nscorp.com) or The Wade Center at www.wadecenter.com.

This week, the Energy Information Administration (EIA) reported that West Virginia’s year-to-date production was down 7.8% as compared to last year.  West Virginia’s 52-week production, through 7/18/09, was off by 2.5%, compared to the 2008, while total U.S production was down by 1%.
Comparing this year to last, from January through May, EIA reported that 2009 metallurgical exports were off by 35.9% and steam exports were down 37.1%.  For the same period, coal being imported had decreased by 25.6%.

Last weekend’s Friends of Coal Auto Fair in Beckley drew an estimated 100,000 people to the YMCA complex. The event continues to grow each year and is rapidly becoming a premiere event on the state fairs and festivals calendar.  Those on hand showed their support for West Virginia’s coal industry while enjoying a weekend of fun, music, hot cars and good food, headlined by the Saturday evening concert.
 

Congresswoman Shelley Moore Capito will be the guest on this month’s “Coal Seam” television show.  The show will be taped Monday morning at the Library Commission studios inCharleston and will be available all month on your local public access and West Virginia Library Commission channels as well as in streaming video on the West Virginia Coal Association website at www.wvcoal.com. 
 
The topic for this month’s show will feature a discussion of the status of anti-coal legislation in Congress, including the issues of cap-and-trade and mountaintop mining.

Beginning with the July 4 weekend, the West Virginia Coal Association and the Friends of Coal rolled out the first component of a new ad series that offers a “Prayer for America.”  The ad offers thanks for our families, our communities, our service men and women and for the hard working coal miners on whom we depend.  A two-minute video was created featuring the theme and was shown prior to the concert at this past weekend’s Friends of Coal Auto Fair in Beckley.

The two “cap & trade” rallies on Saturday were well attended and quite successful.  The Charleston Town Hall Meeting filled the auditorium at the State’s Culture Center as the crowd heard compelling comments from West Virginia’s 2nd District Congresswoman Shelley Moore Capito, former Mountaineer Football Coach Don Nehlen and Farm Bureau President Charles Wilfong.  Immediately following the Town Hall Meeting, an even larger crowd was reported for the rally on the steps of the State Capitol. 
 
The Beckley “Save Coal Rally”, sponsored by the Southern West Virginians for Coal and the West Virginia Conservative Foundation had several hundred participants at the entrance to the YMCA Paul Cline Memorial Soccer Complex, where the Friends of Coal Auto Fair was going on. 

By Gene Kitts, Senior Vice President-Mining Services, International Coal Group, Inc.

Why do we surface mine in Central Appalachia?  It’s certainly not because we like the public attention and we really don’t enjoy the struggles with regulatory agencies, the years of permitting delays and the seemingly endless litigation.  The fundamental answer is that coal is surface mined because that is the method necessary to recover the resource.    

Starting with the basics

Why do we surface mine a coal seam or group of seams instead of deep mining that reserve?  The answer is generally determined by geology and topography.  However, in many cases the coal reserve has been previously deep-mined and surface mining recovers what was left.  Surface mining through abandoned deep mines, recovering the blocks of coal that were left decades ago, is relatively common.  Contour mining along the outer boundary of old deep mines has been a widespread practice for years.  The advent of the highwall miner, which is a more productive successor to a coal auger, has encouraged this trend. Back to geology and topography – how do these factors determine whether a seam is surface mined or deep mined?  

In further pursuit to better understand the overwhelmingly complex issue of “cap & trade” the Association has scheduled a briefing for Monday, July 27th, at the Charleston Civic Center at 1:30 p.m.   All members are encouraged to participate and the entire business community is also invited to attend.  The briefing will feature a presentation by Myron Ebell who is the Director of Energy and Global Warming Policy for the Competitive Enterprise Institute in Washington, DC, followed by a question/answer session.  It is planned to last 1½  hours. 
 
Myron began the educational process for the Association’s Board on Thursday via a conference call.  This meeting will provide more details, information and will delve further into the strategies being discussed as the bill is currently pending in the U.S. Senate.

Details are being finalized for the first “Coal Summit,” hosted by the WV Coal Association along with the Greater Bluefield and Princeton/Mercer County Chambers of Commerce and the Pocahontas Coal Association.  The Summit will be held on Tuesday, July 28, beginning at 9:00 AM at Fincastle Country Club in Bluefield, VA.  Confirmed to speak are Gene Kitts, Senior Vice President of Mining Services with International Coal Group and Myron Ebell, Director, Energy and Global Warming Policy with the Competitive Enterprise Institute.  These speakers are true experts on cap and trade as well as permitting issues.  There is no cost to attend the event, which will conclude with lunch.  Reservations are necessary and can be made with the Bluefield Chamber at 304-327-7184 or the Princeton/Mercer County Chamber at 304-487-1502.

In a message on Thursday, MSHA District Manager, Bob Cornett, announced that two mine rescue team training modules have been updated and posted on the MSHA web site under the “Mine Rescue” link.  Former IG-5 and IG-7 have been revised and reissued as MSHA 3026, Guide for Initial Mine Rescue Training, and MSHA 3028, Advanced/Refresher Mine Rescue Team Training.  These training modules should be used by mine rescue teams as required by 30 CFR Part 49 for coal mines. The web site link ishttp://www.msha.gov/MineRescue/Training/TeamTraining.asp 

State Tax Commissioner Chris Morris has submitted the Tentative Natural Resource Property Tax Valuation Variables for Tax Year 2010 to the Secretary of State’s Office and are available for comment until August 1, 2009.  These variables are published annually for use in appraising coal, oil, natural gas, managed timberland and other natural resource properties for property tax purposes.  After reviewing comments, the Department will publish final variables on or before September 2nd.  Comments should be sent to:  The West Virginia Tax Department; Property Tax Division; Attention-Natural Resource Appraisal Section; P.O. Box 2389; Charleston, WV  25328-2389.  Copies of the tentative variables for coal properties are available at the Association office and can be electronically distributed upon request.

The Association filed comments this week to the proposed Title 56, Series 3 Rules governing “Surface Mining”.  In addition to comments to various technical and operational provisions of the rule, the Association’s comments also questioned the underlying need in support of the proposed rule changes and whether adequate authority exist for the Agency to unilaterally propose and promulgate new safety standards, new miner certifications and training requirements in light of the statutory authority and charge of the WV Board of Coal Mine Health and Safety and the WV Board of Miner Training, Education & Certification.

Details are being finalized for the first "Coal Summit," hosted by the WVCoal Association along with the Greater Bluefield and Princeton/Mercer County Chambers of Commerce and the Pocahontas Coal Association.  The Summit
will be held on Tuesday, July 28, beginning at 9:00 AM at Fincastle Country Club in Bluefield, VA.  Confirmed to speak are Gene Kitts, Senior Vice President of Mining Services with International Coal Group and Myron Ebell,
Director, Energy and Global Warming Policy with the Competitive Enterprise Institute.  These speakers are true experts on cap and trade as well as permitting issues.

There is no cost to attend the event, which will conclude with lunch. Reservations are necessary and can be made with the Bluefield Chamber at 304-327-7184 or the Princeton/Mercer County Chamber at 304-487-1502.

After discovering a procedural problem with the number of landowner protests received, the Keeper of the National Register has announced his intention to remove the Blair Mountain Battlefield from the National Register, pursuant to the provisions of 36 CFR 60.15(k).  However, before the property can be removed from the National Register, the Keeper must provide the notification specified in federal regulation and must publish a legal notice in The Logan Banner as soon as possible.  The notice will give affected owners an opportunity to comment on the removal of the Blair Mountain Battlefield from the National Register.

The State Tax Department has filed proposed legislative rules with the Secretary of State implementing the 2007 and 2008 combined reporting requirements under the Corporation Net Income Tax and Business Franchise Tax.  The proposed rules are available at: http://www.wvsos.com/adlaw/proposed/110-24.pdf.  In lieu of a public hearing, written comments can be provided to the Legal Division; State Tax Department; P.O. Box 1005; Charleston, WV 25324-1005 until 5:00 p.m. on July 27th.    Once the Department finalizes the proposed rules, they will go before the Legislature's Rule-Making Review Committee for approval. 
          

The WV Office of Miners’ Health Safety & Training has proposed a new administrative rule addressing “Preparation Plants”.  A link to the agencies website and propose rule is provided below.  The comprehensive rules are intended to establish a uniform set of standards for all preparation plants operating in the state regardless of whether they are independent or connected to a surface or underground mine.  The proposal also establishes two new miner certifications for preparation plant workers -- an “apprentice preparation plant miner” and an experienced preparation plant miner”.  A comment period extends through July 30, 2009 and a public hearing is also scheduled for July 30th. 
 

The comment period for the agency’s previously proposed changes to Title 56, Series 3 Rules “Governing Those Employed in and Around Surface Mines in West Virginia”is set for Wednesday, July 15th. The Title 56, Series 3 amendments were proposed by the OMHS&T and primarily address the following sections:  section 359-388 and section 15 relating to blasting operations; section 9 relating to instruction of employees; section 10 relating to daily inspections;  section 13 relating to highwall safety & dump points; section 17 relating to haulage roadways & vehicles and the certification of coal truck drivers; section 19 (new) relating to highwall mining; section 21 (new) relating to steep slope safeguards; and, section 48 relating to mine mapping.
Proposed Agency Rule: Title 56 Series 3 Governing Surface Mines
Comment period ends July 15 at 5pm.

The sixth Annual Friends of Coal Auto Fair at the YMCA Youth Sports Complex in Beckley is set for July 17-19.  This unique event allows our industry to promote coal mining and clean coal technology to the general public in a positive manner and would not be possible with the contributions of the member companies.
           
One hundred percent (100%) of the proceeds go directly toward maintaining the complex grounds, equipment and purchasing supplies for the activities held at the Sport Complex.